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[Cites 3, Cited by 0]

Calcutta High Court (Appellete Side)

Sections 489B/489C/120B Of The Indian ... vs In Re : Sanjoy Kumar Jaiswal on 13 June, 2025

Author: Suvra Ghosh

Bench: Suvra Ghosh

June 13, 2025 18 ARDR (Allowed) CRM (M) 361 of 2025 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Malda Police Station Case No. 538 of 2023 dated 10/9/2023 under Sections 489B/489C/120B of the Indian Penal Code.


                                            And

                In Re :     Sanjoy Kumar Jaiswal
                                                                          ... Petitioner.
                Adv. Md. Wasim Akram,
                Adv. Sabrina Parveen,
                                                                     ... for the petitioner.
                Adv. Shaila Afrin,
                Adv. Chandrayi Dutta,
                                                                          ... for the State.

The petitioner is in custody for more than a year and submits that no independent witness was present at the time of the alleged seizure. Charge sheet has been submitted. His further detention is not required.

Learned counsel for the State opposes the prayer. I have considered the material on record. The petitioner is in custody for more than a year. Search and seizure are complete. Trial is yet to commence. Further detention of the petitioner is not required and he may be granted bail subject to stringent conditions in order to secure his attendance before the learned trial Court.

Accordingly, the prayer for bail is allowed. The petitioner namely Sanjoy Kumar Jaiswal be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Malda subject to the condition that he shall remain 2 within the jurisdiction of Malda jurisdiction and furnish the address where he shall presently reside before the learned trial Court, Investigating officer and the Officer in charge of the police station under whose jurisdiction he shall henceforth reside. He shall appear before the learned trial Court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to adhere to any of the conditions as stated above, the learned trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

The application for bail is disposed of. Case Diary be returned.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)